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Foreclosure Hearing (07/13/08)
 
 
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          While at the airport today waiting for a flight, I ran into a friend and neighbor of mine. He was catching a flight to Iraq via North Carolina (he has to report there before he is transferred to Iraq). We chatted a bit, and he updated me on his foreclosure situation. He and his wife are going through foreclosure at the moment (as are most of my neighbors), and they are a little bit ahead of me. Their last mortgage payment was around July 2007. It now being July 2008, they have been able to live mortgage-payment free for a year now. He went on to tell me that they have received several foreclosure hearing dates, but they keep getting postponed. This is Escambia County Florida.

          Admittedly, Escambia County has a high number of foreclosures to process - they have three (3) of mine to process. Of course, the government's idea of help has probably also contributed to the postponements. I have read several articles where government agencies have asked banks to grant thirty (30) day extensions on foreclosure proceedings in hopes of helping people stay in their homes. I think, in all actuality, it only helps people stay in their homes another 30 days.

          Apparently at the hearing, options are discussed; and the owner is given thirty days to vacate the property or catch up the payments. While I have been served foreclosure papers on all three of my properties, I have not received foreclosure hearing dates for any of them; and given my neighbor's lengthy foreclosure process, I may be holding these properties for another six or seven months or longer. That is a long time for a foreclosure process!

          There are good things from this and bad things from this - more bad than good. While the properties are still in my name, I have to maintain the properties as far as utilities and lawn maintenance and condo and association dues (although I have stopped paying condo and association dues). That means that I am maintaining utilities on four (4) properties - the two condos, the golf course house and the apartment that I have moved into as a rental. The good thing is that I have more time to try and sell the properties. Of course, the bad thing about that is nothing in the area is selling for even half price.

          I do not think that I have any control over the foreclosure hearing dates. The courts set those dates, and the courts do not solicit my opinion. I could try for deeds-in-lieu, but I am not so sure that I should do that. While the properties are still in foreclosure, the banks are unable to give me a 1099 on forgiven debt (if they eventually do forgive the debt). That gives me another year if the foreclosures are not completed in 2008 to consider bankruptcy because a huge federal income tax bill on the forgiven debt maybe the only thing that truly pushes me into foreclosure (although I am still considering taking the tax bill and trying to negotiate it down with the IRS).

          Also, this is a Presidential election year. The politicians in D.C. are under tremendous pressure to impress their constituents. That might just force them into passing some new laws that just might be in favor of the individual instead of the banks (Vote Democrat!). Plus, I read online that Freddie Mac and Fannie Mae - the nation's two largest mortgage organizations - are in financial trouble and may need a government bailout (very similar to Bear Stearns on which I made money because I bought a bunch of Bear Stearns stock right after they announced the bailout!). The U.S. economy might eventually get so bad that nobody really cares about my stupid mortgage debt (and I do not believe that we are too far away from what may be our version of the Great Depression for the 21st century).

          So in conclusion, I apparently have a lot more time in foreclosure before I ever actually lose these properties and all of the pros and cons that go along with that. As soon as I do get my foreclosure hearing notice, I will let you know. Subscribe to my blog on the comments page for an update. Take care, and let me know what you think; and if you have been through this already, how did it turn out?
 
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Noah's Foreclosures

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